유체동산인도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are included in the costs of supplementary participation.
1. Facts of recognition;
A. On December 31, 2013, the Plaintiff entered into a lease agreement with Defendant A Co., Ltd. to lease each of the instant machinery to the said Defendant. The details thereof are as follows.
(hereinafter “instant lease contract”). O lease period: 11,79,600 won for O monthly rent for 36 months from the date of issuance of a certificate of receipt of an article: (11,79,600 won (return of an article) 10(1) where the lease period or re-lease period under the conditions of return expires, or where the lease contract expires even if it is terminated, A (referring to Defendant A) shall, without delay, return the article to B, at its own responsibility and expense, at the place designated by B (referring to the Plaintiff) within the administrative district in which the store of B (referring to the Plaintiff) in charge of the execution of this contract is located.
Article 22 (Loss of Maturity and Termination of Contract) (1) When a cause falling under any of the following subparagraphs occurs to A, B shall notify A of the correction of the violation for a specified period of not less than 14 days, and when A fails to comply with it within that period, B may lose the benefit of time and terminate this contract:
1. When he/she delays the payment of lease fees under Article 5 (1) even once;
B. From March 2014, Defendant A, a corporation, in arrears, did not pay rent, and the said Defendant did not pay rent in arrears, even though the Plaintiff notified the said Defendant, orally or in writing, several times.
C. On August 13, 2015, the Plaintiff notified Defendant A Co., Ltd. that the said lease agreement was terminated on the grounds of “the loss of benefit of time and the termination of the contract” under Article 22 of the instant lease agreement.
Defendant B, C, and D occupy each of the instant machinery.
E. On October 19, 2015, the Plaintiff rendered a provisional disposition against the Defendants on each of the instant machines, as the Suwon District Court Branch 2015Kadan2752, prohibiting the transfer of possession and disposal of corporeal movables.